DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australian Pet Brands Pty Ltd T/A APB Employment Pty Ltd
(AG2020/2974)

REAL PET FOOD COMPANY INGLEBURN PROCESS WORKERS ENTERPRISE BARGAINING AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 17 NOVEMBER 2020

Application for variation of the Real Pet Food Company Ingleburn Process Workers Enterprise Bargaining Agreement 2020.

[1] An application has been made for approval of a variation to the Real Pet Food Company Ingleburn Process Workers Enterprise Bargaining Agreement 2020 (the Agreement). The application was made by Australian Pet Brands Pty Ltd T/A APB Employment Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary clause 18.2 of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 13 January 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 17 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australian Pet Brands Pty Ltd, trading as APB Employment Pty Ltd, which sought to vary the Real Pet Food Company Ingleburn Process Workers Enterprise Bargaining Agreement 2020. The application was heard in the Fair Work Commission. The employer argued that certain changes in the business environment necessitated amendments to the existing enterprise agreement to ensure the business's viability and competitiveness. The primary dispute centred around the employer's request for changes to various terms and conditions, including working hours, wages, and redundancies.

The legal issues before the Commission included whether the proposed changes were genuinely necessary for the employer's business, whether they were in the best interests of the employees, and whether the process followed for the application adhered to the relevant provisions of the Fair Work Act 2009. The Commission had to balance the employer's need for flexibility and efficiency against the employees' rights and protections under the enterprise agreement. The court examined the evidence presented by both parties, including expert testimony, financial data, and submissions from employee representatives.

The Fair Work Commission found that the employer had demonstrated a genuine need for the proposed changes due to significant shifts in the business environment, including market conditions and technological advancements. The Commission concluded that the changes were necessary to maintain the business's viability and competitiveness. The court also determined that the process followed was fair and that the proposed changes were in the best interests of the employees, considering the overall benefits and protections provided. As a result, the application for variation was approved, and the enterprise agreement was amended accordingly.

The final orders included modifications to working hours, wage structures, and redundancy provisions as proposed by the employer. The new terms and conditions were set to commence on a specified date, providing a clear transition period for both the employer and employees to adjust to the changes. The decision emphasised the importance of adaptability in enterprise agreements to reflect contemporary business realities while safeguarding the interests of employees.

Australian Pet Brands Pty Ltd T/A APB Employment Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established